10/12/1992 (2)
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City Commission Worksession Minutes
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Michael J. Wright
M. A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
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CITY COMMISSION WORK SESSION
October 12, 1992
The City Commission of the City of Clearwater met at City Hall with the following members
present:
Rita Garvey
Rrchard Fitzgerald
Sue A. Berfield
Arthur X. Deegan
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Absent:
Lee Regulski
Commissioner
Also present were:
The Mayor called the meeting to order at 1 :00 p.m. and the following items were discussed.
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Eleven service awards were presented to City employees.
Direction regarding imolementation of Reclaimed Water System (WSO)
In April 1990, Camp Dresser & McKee, Inc. (COM), the City's water and sewer consultant,
completed a report entitled "Reclaimed Water Master Plan". The report concluded the City could
jnstall a city-wide reclaimed water infrastructure system consisting of storage, pumping,
transmission mains, and neighborhood service lines, in three phases, on a timetable of five years
per phase, at a total cost of $60 million, The report further concluded the system would be a
viable financial venture and would involve a single-family monthly user fee varying with the choice
of the several alternatives for structuring the system's cost recovery.
Since the publication of that report and the initial enthusiasm it created, certain
circumstances influencing the financial considerations of the system have taken place. It seems
unlikely now that the City could depend upon State Revolving Fund financing for this project.
When examining the expected monthly bill for the use of reClaimed water at multi-family
complexes and in open space uses, such as golf courses, it appeared necessary to reconsider how
three categories of users (single-family homes, multi-family units and open space) could be
charged in a manner which would be acceptable to all of the three and generate the necessary
revenues.
Additional information provided by C DM represents alternate considerations for strategizing
the geography of the phased implementation, as well as the financial choices for cost recovery.
It can be seen that the expected monthly charge for a single-family reclaimed water user varies
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The reclaimed water master plan, prepared in 1990, considered a three phase program to
construct a reclaimed water system throughout the city, Phase 1 would cover the northeast or
Countryside area, serving 830 acres of open space and 1200 acres of residential property, at an
estimated cost of $12.9 million. Phase 2 in the central city area at a cost upwards of $22.2
million, and Phase 3 construction in the east, northwest, and beach areas at about $22.8 million,
The total master plan costs were projected at $58 million; subsequent reviews, however, show
the overall cost would increase to $62 million.
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Additional information provided by COM represents alternate considerations for strategizing
the geography of the phased implementation, as well as the financial choices for cost recovery.
It can be seen that the expected monthly charge for a single-family reclaimed water user varies
from $17.99 for a residence in the Countryside area; if done se parately with a Swiftmud grant
in the amount of 50% of the cost of transmission, storage, and pumping facilities, with a
connection fee of $250, and involving a Resource Development Surcharge against water and
sewer accounts within the Countryside area; to $40.84 per month for a single-family residence
in the Clearwater Beach service area; if done separately and without grants, connection fee, or
Resource Development Surcharge. 'The expected rate structure involving multiwfamily units and
open space areas varies also as different parameters are applied.
The City Manager stated the prime purpose for the water reuse system is to preserve
potable drinking water.
Tom Burke, of Camp Dresser and McKee, stated reuse systems are becoming more
necessary and accepted throughout Florida; five are active in Pinellas County, with two more
underway in the south county area. The system in St. Petersburg was implemented in 1977 to
help implement a zero discharge policy and to help relieve the need for new potable water
systems. Potable water use has stabilized, although demand has increased.
In response to a question regarding funding received by St. Petersburg, Mr, Burke stated
a lot of grants made it possible. All the water comes through two pipelines; if they hadn't
proceeded with the project, they would now be constructing a new pipeline as well as new
outfalls.
(~~) Mr. Burke stated the main reason for Clearwater to develop a reclaimed system is water
resource conservation. It is becoming difficult to find supplies of water that are both potable and
used for irrigation. Other reasons are: conditions for permitting are mandating at least
consideration of reuse systems; there are concerns in meeting toxicity conditions where surface
water discharges and there is no reclaimed water system in place. He stated SWFWMD is
actively promoting the use of grant monies to help get reclaimed systems in place. The City's
advanced water treatment plants are producing a quality of water that is appropriate for reuse.
Master plan recommendations are: 1} proceed with planning for expansion of the system
currently in place to serve some northeast area open space; 2) pursue state revolving loan funds,
and explore alternate funding sources; 3) conduct a series of public information workshops within
the community; and 4) develop and adopt an ordinance on the implementation of the reclaimed
water system. In developing the master plan recommendations and in trying to understand how
to implement a less comprehensive program, three areas different from the original report were
recommended: 1) a more northeast area, 2) the Clearwater Beach area including Island Estates,
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and 3} the northwest area, which would include east and west from Clearwater Country Club and
north of Drew Street. In considering these areas three general characteristics were considered
in defining a customer base: single family, multi family, and golf courses/open space. Service to
these customers would entail substantial costs for facilities including pipeline, pumps and storage,
Total estimated costs for construction of the facilities in the three areas would be $21.8 million.
It is felt there is a good possibility for grants; potentially $3.4 million for the northeast area, $1.9
for the beach, and over $1 million for the northwest area.
Major considerations in projecting user charges for single family/multi family and golf
course/open space systems are: 1) open space customers would pay for a share of the
transmission system only, as the volume of use would not benefit from the service or cost of a
small diameter pipe; and 2) multi family space is largely impermeable and would not benefit from
a large rate of irrigation. Also, charges vary with whether or not grant monies are secured and
whether a surcharge is established. In addition there would be c,onnection fees. In response to
questions, Mr. Burke stated the fee is based on everyone using the system provided it is extended
into their area. Costs would increase if it were a voluntary program. Another consideration
would be a surcharge on lawn meter customers.
A concern was expressed regarding all customers paying for the system whether they use
it or not. A question was raised regarding paying for the system rather than volume of use, and
it was stated the supply is more than would be used in the foreseeable future for these areas.
Total sales for the city are 15-16 million gallons per day. The reclaimed water being turned out
by the plants is 17 million gallons per day, with part of that going to Safety Harbor, leaving 14-1 5
million gallons of sewer effluent available for irrigation, which is more than enough supply to meet
the demands.
Mr. Burke stated there is a waiting list in St. Petersburg Beach for hookup to the system.
It costs $1300~ 1 500 up front for new residential customers, but the interest is great because of
the security of supply. There are no meters, and no limit to usage. Regarding condominiums and
commercial property, rates are based on the amount of permeable area. Systems that use
reclaimed water as a commodity entail a community subsidy for reasons of water conservation
or wastewater disposal. He questioned whether or not it is appropriate at this time to determine
what to charge residential customers for the system, and to generate a rate schedule. Meter
readings indicate beach residents use about 500,000 gallons of potable water per day for
irrigation.
It was stated the citywide water system would lose about $850/000 in revenues if the
reclaimed system was available to the beach. The loss is calculated into the estimated customer
rates for using the reclaimed system, therefore, the revenue would be generated there. It would
not affect the regular water system rates, It was stated a determination would also need to be
made whether or not to make connections to the system mandatory.
A concern was expressed regarding how to begin the program and the costs involved. It
was stated, first, an ordinance needs to be adopted to authorize service to Clearwater Country
Club and to start charging golf courses for water they are already receiving; second, before
bringing the system into a neighborhood, the public needs to be educated. There needs to be
discussion regarding alternatives.
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Concerns were also expressed regarding different neighborhoods having different needs.
Many Countryside residents have wells for watering; and there would be no demand for the
system in industrial, commercial, and less wealthy areas. It was also stated some beach
residents objected to restriction of private wells, and being assessed for something not used. It
was suggested a referendum be held or a survey.
In response to questions, Mr. Burke stated the process of permitting, design and
construction would take about two years. Prior to implementation, a reclaimed water ordinance
is needed, and open space charges need to be determined. Concern was expressed that facilities
currently receiving the water at no charge need to be put on six months notice that charges will
begin. In response to a question regarding what a rate would be, Mr. Burke stated a fair rate will
be determined and presented at a later date. It was also stated a rate schedule will include
construction costs as well as operating costs.
Mr. Burke, in response to questions, stated St. Petersburg bases their connections by
petition; if more than 50% want a connection, the neighborhood will receive priority. He stated
there is not a system in place that it not subsidized. The water will always be available, but does
not have to be used,
Aareement with AT&T Credit Corooration to orovide a $4.5 million line of credit to cover all
olanned lease ourchase eauioment acauisitions for fiscal 1993: authorize all uncomoleted
eauioment acauisitions oreviouslv aooroved for financing under the agreement which expired on
9/30/92 to be financed under this new agreement provided all other terms and conditions of the
original approval remain unchanged (AS)
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.~l As in prior years, the City requested bids to provide a line of credit for lease purchase
financing for fiscal 1993. Unlike prior years, the use of New York prime rate as the index was
changed this year to the weekly average rate for five year treasury notes as published weekly by
the Federal Reserve Board. This change was done at the suggestion of several potential vendors
(including AT&T) who indicated an unwillingness to bid against New York prime rate, which
increasingly fails to reflect five year tax exempt municipal rates.
Even after considering the change in the index, all bids received this year translate into
higher rates than bids received last year. As an example, last year's low bid was 85% of prime,
which would currently yield a borrowing rate of 5.1 % (based on the current prime rate of 6%).
This year's low bid would currently yield a borrowing rate of 5.43% (based on the current
Treasury index of 5.46%).
Because the new index is a fair approximation of our alternative investment rate, the
99.4999% bid means that "legal arbitrage" savings on this year's lease purchases have been
virtually eliminated. When we investigated the interest rate issue further, AT&T sent information
indicating that the compression of the taxable vows. tax.exempt rate differential is primarily a
function of the absolute level of interest rates. Staff believes that increased regulatory pressure
on the lenders is also partly to blame. Whatever the reason, the financial gain usually realized as
a result of thee rate differentials will not be a factor in 1993. The remaining advantages of the
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leBse purchase program are the ability to spread payments over more than one budget year, and
the ability to lock in current rates if, as expected, rates increase during the next five years. Staff
intends to monitor the lease purchase program more closely next year to determine whether it
continues to be cost effective, especially for smaller purchases.
AT&T has been our lease purchase lender for each of the last two years. City staff has
been very satisfied with the service we have received from them. This agreement does not
represent a commitment to borrow. Decisions to lease purchase specific items of equipment
must be approved by the Commission throughout the year on an individual basis.
Concern was expressed regarding AT&rs taking exception to utilizing the standardized
contract document. The Finance Director stated the proposed contract is the same as the last
two years. It has not been extended past September 30, but no purchases will be made prior to
the approved contract. He stated he will submit confirmation of the extension of contract in
writing prior to Thursday.
Purchase of 14 - 1993 Ford Crown Victo'ria Police Pursuit Vehicles from Don Reid Ford. lnc..
Maitland. FL. for $186.088: authorize a lease Durchase thru AT&T Credit COrD. for 5 of the
vehicles (PO)
The Patrol Division is currently short of patrol cars which hinders its deployment of
personnel at peak times to respond to calls for service and to provide prevention patrol coverage.
The Police Department will free up additional officers for regular patrol duty as a result of the new
Crime Scene Services Contract' with the Pinellas County Sheriff's Office. The Police
Department's capital improvement plan of he 1992/93 budget requested the purchase of five
additional vehicles to address these needs.
In addition, the Police Department is purchasing nine more vehicles to initiate a
maintenance. appearance and mileage containment plan in the West District.
Under our current system of patrol deployment. patrol officers are randomly assigned a
vehicle each day from the Police Department's fleet for use during the tour of duty. It is common
for an officer to drive a different car on each work day. This has resulted in poor vehicle
maintenance and appearance, mileage inequities, and a lack of accountability in dealing with these
problems. As maintenance problems increase, the number of cruisers available at any given time
decreases due to vehicles being at the motor pool for service. At times, there have been no
cruisers available for officers suppose to be on duty.
An experimental plan was developed in the West Patrol District to address both the lack
of cars and at the same time improve the maintenance of appearance of the fleet. The plan is
to pair each officer in the district with another officer working a different shift. One cruiser would
be assigned to this pair of officers for their exclusive use. That particular car would be operated
only by these two officers who would be responsible for monitoring the maintenance, appearance
and cleanliness of the vehicle. The vehicle would not be operated 24 hours a day as is frequently
the case with the current fleet. Mileage will be more equally distributed within the fleet and the
useful life of the vehicle would be extended. This plan is not a take-home car plan; the car would
be left at the Police Department between shifts and would be available in an emergency.
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For the past ten months. the Police Department has experimented with this plan on a
limited scale with eight pairs of officers In the West Patrol District. The eight cars used in the
plan were two to four years old with moderate mileage. We observed a remarkable improvement
in the appearance and maintenance of these vehicles as well as the attitude and morale of the
officers assigned.
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In response to questions, it was stated five of the vehicles will be lease/purchased, the
remainder will be purchased cash. If the police officers are assigned a specific vehicle, they will
take better care of it thus increasing its longevity. Also, the vehicle will always be available one
shift for repairs.
Contract with Everett S. Rice. Pinellas Countv Sheriff. to orovide Crime Scene Services and
Evidence and Prooertv Storaos to the Citv's Police Deot.. for the oeriod 1/1/93-12/31/93. for
$240.000 (PO)
Through the 1992/93 budget process, the Police Department has eliminated the
Identification Unit. The staffing level of full time positions consisted of one police sergeant. five
police officers and two identification technicians as well as vehicles. equipment and operating
expenses. The proposed contract can accomplish the same optimum level of service utilizing
Sheriff's Department personnel and equipment at a cost of $240,000.00. This contract will
eliminate the two identification technician positions and reassign the sergeant and five officers
to needed operational patrol positions.
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The contract cost includes the processing of two thousand crime scenes in the City of
Clearwater. There is a provision, whereby, if the two thousand number is surpassed, additional
crime scene processing will cost $120.00 each. However, the Clearwater Police Department
shall determine which crime scenes will be processed. The collection and storage of all evidence
and property, excluding bicycles, together with the packaging and transportation of same to a lab
or other testing facility is included.
The contract significantly reduces operating costs associated with the purchasing and
developing of film, standby and overtime pay for court, as well as the reduction of some
assignment pay. It further diminishes the need for additional physical expansion of the Property
Section and removes the disposition of all the newly collected property and evidence from the
responsibility of the City of Clearwater.
The contact is renewable for two additional years at a rate not to exceed a 4.25% increase
each year.
A question was raised whether the evidence room would be completely eliminated. It was
stated no new evidence would be brought in, but it would take two years to work through what
is there. Also, fingerprinting would continue.
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Contract for maintenance of Gaylord Galaxy automated library system to Gaylord Systems,
Syracuse. NY. at an annual cost of $28.082 to commence upon installation date (LIB)
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Increases to the minimum and maximum SAMP Pay Plan rannes in variable amounts as
recommended bv the Human Resources Director and the City Manager (HR)
The proposed variable adjustments to the SAMP Plan salary ranges for fiscal year 1992-93
are based on the following: 1) Economic adjustments made to the Regular Pay Plan job classes
as a result of the collective bargaining process. All union bargaining unit classes which are
regular full-time or permanent part-time were adjusted by three percent throughout their pay scale
(minimum through maximum), effective October 1, 1992. 2) Compression problems existing
between the, Regular Pay Plan and the SAMP Pay Plan, particularly between job classes in the
lower SAMP ranges and related job classes in the Regular Pay Plan but also impacting higher level
classes.
It is noted that the Regular Pay Plan was adjusted last fiscal year by four percent
throughout the plan, while the SAMP Pay Plan was adjusted four percent at the maximum end
only. With the three percent adjustment to the minimum of the Regular Pay Plan for FY 92-93,
it is important that some reasonable adjustments be made to the SAMP minimums this year.
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A descending percentage adjustment is proposed for the minimum rates in the SAMP Pay
Plan, ranging from twelve percent at SAMP A to zero percent at SAMP M through p, This will
help to eliminate the more serious compression concerns at the lower SAMP ranges and preclude
such concerns from occurring with higher SAM? ranges. A descending percentage adjustment
is also proposed for SAMP maximum rates, ranging from eight percent for SAMP A to three
percent for SAM? E through P. This will allow SAM? employees currently at their range
maximum to receive an adjustment equivalent to the economic adjustment made for all other
employees.
In response to a question whether the compression issue would ever change, the Human
Resources Director stated it will always be there to some degree. An increase in the minimum
of a range only affects those below the new minimum. Last year the maximums were increased
to accommodate some already at the maximum level. This occurred twice since 1987. A major
analysis of the SAMP plan will done next year.
The City of Clearwater utilizes the Gaylord System to provide on-line circulation control
and the card catalog reference to library patrons. The contract includes hardware and software
maintenance. Gaylord extends to customers a 180-day money back guarantee.
Gaylord standard maintenance contract goes into effect upon installation of hardware and
software. Maintenance includes 24-hour, diaHn support seven days per week for both hardware
and software diagnostics and next day support for on-site maintenance requirements. The
Gaylord maintenance contract reflects a savings of $45,000 a year over the previous vendor,
In response to a question as to why the maintenance contract is less expensive, the
Library Director stated they have a new system; older systems are harder to maintain.
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This petition has been reviewed by various City Departments/Divisions concerned. The
Building Official reports that the house was built in 1985, with the pool and screen enclosure
being added in 1986." This house was constructed prior to the recently-instigated process
whereby impending encroachments are more readily discovered and precluded. All other
Departments concerned have no objection. The city has no existing utilities within this easement.
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, Extension of contract for cODler services with Pitney Bowes. Inc.. Tamea, FL, for the eeriod
1111/92-10/31/93, at an est. $84,000 (PIC)
Convenience copy machines are used by every department within the city. Under the
terms of the contract, the vendor supplies all labor, parts, stands, repairs, maintenance and
supplies, except paper. The cost-per-copy method of providing copier services requires little
administrative time and no capital investment by the city. It also affords the city the option of
changing or upgrading equipment as circumstances demand.
In 1990, the city received eight responses to its bid for photocopier services. Of the
responses received, Pitney Bowes of Tampa submitted the lowest bid that met all bid
specifications.
This cost of $.0175 includes all machines, parts, labor and supplies, and represents no
increase in the cost-par-copy tha city has paid for more than four years.
This contract was for one year with the option to extend the original terms, including price-
per-copy, for four additional one year periods. This is the third year of the contract period.
In response to a question whether the cost of paper is included in the price, it was stated
it is not. A request was made that the total cost including paper be submitted.
Public Hearina & First Readino. Ord. #5291-92 - Vacating Westerlv 3' of the landscaee. drainaae
and utilitv easement Ivina along the E lot line of Lot 4. Braeside Place Sub" 3418 Braeside Place
,*"4 (Bvron/Tavlor V92-18) (PW)
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The applicant's house encroaches approximately 1.9 feet into the existing easement. The
applicant is requesting the westerly 2.0 feet of the existing easement be vacated to eliminate the
structural encroachment.
Florida Power, General Telephone, and Vision Cable have no objection to this vacation
request.
A question was raised regarding what "landscape" easement means. The Public Works
Director stated the developer may have had plans to put mangroves in at one time. A definition
of landscape easement was requested.
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Variances to Sign Reaulations for orooortv (Oakbrook Village) located at 2225 Nurserv Rd..
Oakbrook Villaae Conde (Oakbrook Condominium Assoc, of Clwr.. Inc.) (SV92~17) (PLD)
The applicant is requesting four variances to permit four non-conforming subdivision signs
for the Oakbrook Condominium Association to remain after October 13. 1992.
The four non-conforming subdivision signs are located at three places in the residential
development: two are positioned on either side of the entrance drive fronting on Belcher Roadi
one is located at the northwest portion of the property fronting on Nursery Road; and one is
located at the northeast portion of the property fronting on Nursery Road.
The subject subdivision signs are contributory to the architectural theme of the residential
development and have been in place for approximately 20 years. The signs are constructed of
masonry block and brick,
, The current code allows one 24 square foot, six foot tall subdivision sign for each platted
subdivision or property entrance. The revised code allows a maximum of two subdivision signs
per property entrance with a maximum height of six feet and a maximum surface area of 24
square feet. per sign.
Under the new code, the two signs on Belcher Road are conforming, but the other two
signs are not associated with specific entrances and are not conforming.
In r'esponse to a quest:...i regarding what standards were used to justify approval, the
Planning and Development Director stated the signs are not obtrusive. the property has an
unusual shape and fronts two roads.
Concern was expressed regarding how approval of variance requests will be determined
based on the new sign code.
Variances to Sign Requlations for orooertv located at 27001 US 19N. Sec. 30-28-16. M&B 41.03
(J.e. Penney Co.. Inc.) (SV92-19) (PLDJ
The applicant is requesting three variances to permit an existing directional wall sign and
four existing nonconforming business identification signs to remain after the amortization period.
The signs are attached signs located on the J.C. Penny store in Countryside Mall.
The property is zoned Commercial Center (CC), and the store is allowed three business
identification signs containing a maximum area of 128 square feet for the "main" sign and 112
square feet per each of the other two signs. for a total of 352 square feet, The store currently
has four business identification signs, containing a total of 681 square feet. The store also has
a 6.25 square foot directional sign indicating where package pickup can occur. The maximum
area for directional signs under the 1985 regulations is 3 square feet.
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Effective October 13, 1992, the new sign regulations permit a height bonus relative to this
situation as follows: the allowable height (now 20 feet in the CC district) may be increased for
freestanding signs on properties which front on overpasses or elevated roadways a maximum of
ten feet above the crown height of the overpass or elevated roadway as measured from a point
on the roadway that is perpendicular to the sign location.
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Under the revised (1992) sign regulations, the store would be permitted to have three of
the four business identification signs at their current size after applying the sign bonus provision
(the store is setback over 500 feet from any adjoining property boundaries). The new regulations
would not allow the two signs that exist on the est side of the store, but one of these signs could
remain. The directional sign could be classified as an attached sign and would also be permitted
to remain under the revised regulations.
Staff recommends approval of three "J.C. Penny" signs to remain on the north, east and
south sides of the business. The directional sign would also be allowed to remain. The only
modification to signage that the store would have to undertake to achieve compliance with the
revised regulations would be the removal of one of the two large "J.C. pennyll sings on the east
side of the property. Removal of this sign would still allow the store to be adequately identified
by the remaining large attached sign.
In response to questions regarding what signs are non-conforming, it was stated there are
two signs on one wall facing the parking lot and only one is allowed. In addition the signs are
larger than allowed. They need to reduce the size and remove a sign.
Variances to Sian Regulations for crocertv (Countrvside Mall) located at 27001 US 19N (formerlv
2601 US 19N1. Sec. 30-28-16. M&B 41.01. 41.02. 42.02 & 42.03 (Bellwether Prooertles of
Florida. Ltd (SV92-20) (PlD)
The applicant is requesting the variance to permit a 60 foot high sign instead of 24 feet
as permitted by code (at the time of submittal). The sign will be replacing the existing
t91i1.\ freestanding sign located at the southwest corner of the Countryside Mall property; this sign has
I. '.';j~' been temporarily removed due to the road construction project.
The application indicates that the variance stems from the fact that there is an overpass
being constructed for US Highway 19 at Countryside Boulevard which is eliminating the existing
sign and also because of the new overpass for US Highway 19 at S.R. 580. The application
states that the "crown height of the two overpasses will be approximately 25 to 30 feet;" the
applicant feels that the location and height of these two overpasses and the size of the mall
necessitates the additional sign height. Also, the application makes reference to a similar variance
approved for the Arigato Japanese Steak House located at 26508 US Highway 19 North;
however, this approved variance (on 6-18-92) permits the freestanding sign for the subject
restaurant to be only 10 feet higher than the 20 foot height permitted.
The City Public Works Department reports that the plans for US Highway'19 indicate the
crown height of the point of the elevated roadway which will be near the sign location, the point
of measurement as per the specifications in the new sign code, to be 14 feet (Note: the highest
point of this overpass will be 35 feet above Countryside Boulevard). Therefore, the bonus
provision of the new code would permit the sign to be 34 feet in height.
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Objectives established to achieve the purpose are 1) improve "street appeal" along North
Fort Harrison and North Myrtle Avenues; 2) reduce or eliminate blighting influences such as
inappropriate residential conversions and blighted commercial structures and areas through zoning
incentives that encourage desired development and proactive code enforcement; 3) establish a
long-range zoning pattern which recognizes existing uses and promotes future uses which support
neighborhood cohesiveness and compatibility from a land use standpoint; 4) promote compatible
densities within clearly specified residential areas; 5) stimulate new commercial development and
promote continued existence of existing businesses through zoning district map amendments; 6)
establish a new zoning district to facilitate a wider range of nonresidential uses within the
nonresidential corridors while promoting compatibility with surrounding residential neighborhoods.
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The Traffic Engineer has reviewed the request and has no objection to the proposed sign
height from a traffic standpoint; however. he feels that it wouldn't make much of a difference
to a motorist if the sign were to be 34 feet or 60 feet at the proposed location because. unless
Florida Department of Transportation were to erect a sign indicating specifically which exit to use
for access to the Mall, which is not likely. a motorist will have to be aware of which exit(s) to use
before the sign is visible or figure out which exit(s) to use after passing the sign and/or the mall.
The Traffic Engineer does not feel the additional sign height is necessary or justified.
In response to questions regarding the height and size of the sign. it was stated code
allows the pole sign to be 36 square feet. 24 feet in height. The height is determined by location,
Staff Presentation re: North Mvrtle and North Fort Harrison Avenue neiahborhood zonina study
(PLD)
During the presentations of the Downtown Development Plan in the North Fort Harrison
neighborhood. staff was asked to research options for providing zoning incentives for the
revitalization of the existing commercial corridor. A zoning study was proposed and authorized
to be prepared for this area.
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Staff has completed its initial zoning study and is ready to begin the process of receiving
public comment, Staff is proposing an expedited review of these issues in order to link any
proposed Land Use Plan changes to the Pinellas Planning Council Consistency Program submittal
to the Department of Community Affairs in November. If this schedule is not followed, it will be
late 1993 before a new zoning pattern can be implemented in the North Fort Harrison/North
Myrtle area.
The purpose of the study is to develop a neighborhood plan that creates the potential for
long-term redevelopment of this major Downtown entryway area while reducing land use
incompatibilities that tend to contribute to neighborhood deterioration.
To determine the effectiveness of the new plan and new zoning for the subject study area,
the following success measures were established: 1) private development of 100 new multi~
family residential units in the study area by 1997; 2) private development of 30,000 square feet
of new nonresidential development in the study area by 1997; 3) a ten percent increase in
nonresidential property values (above the countywide rate of increase in appraised value of
nonresidential properties) in the study area between 1992 and 1997; 4) include the North Forth
Harrison/North Myrtle Avenue area in a comprehensive economic development scheme for the
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The Planning and Development Director stated staff has met with affected groups several
times and they have discussed problems with the Neighborhood Coalition.
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promotion of mixed nonresidential and residential development in the general vicinity of
Downtown Clearwater by 1994; 5) adopt a streetscape landscaping theme and provide a
retroactive remedial landscaping along North Fort Harrison Avenue by 1993; 6} perform a
"follow-up" housing code reinspection of residential sections in the study area by 1994; 7)
develop 50 units of assisted multi-family housing in the study area by 1995; and 8) prepare a
CPTED (Crime Prevention through Environmental Development) study for the North Fort
Harrison/North Myrtle area during 1993.
The subject study area contains a wide variety of zoning districts (including single family
residential, multi-family residential, resort commercial. and neighborhood commercial) and land
uses.
Additional issues for consideration are crime prevention. housing code enforcement,
community development program, streetscape landscaping, and the downtown plan expansion,
Implementation of the plan would include 1) receipt and referral by the City Commission
on October 15, 1992; 2) public meetings with affected groups in October and November; 3)
recommendation to the City Commission on November 3rd; 4) City Commission adoption of the
plan on November 19. with first reading ordinances regarding zoning and land use, creating infill
commercial zoning, and study area zoning changes in DCA land use changes submittal; 5)
Commission approval of first quarter budget amendment to authorize streetscape project along
North Fort Harrison Avenue in January, 1993; and 6) second reading ordinances regarding zoning
and land use changes and creation of infill commercial district.
t''"/'~\ Concerns were expressed regarding the time crunch of the implementation schedule citing
1,.,,<, the need to present the plan to and receive input from the public prior to presentation to the
Planning and Zoning Board on November 3rd.
In response to a question, it was stated if the plan is delayed 30 days, it will actually be
delayed six months. It was hoped to submit this with the Downtown Comprehensive Plan.
Comprehensive land use changes can only be submitted to the State twice a year.
Direction re: Imolementation of the Tropical Seascape Theme for Clearwater Beach (PLD) (WSO)
The Clearwater Beach Blue Ribbon Task Force has recommended a number of tasks to
address the development of an architectural/promotional theme for the Clearwater Beach
commercial areas. '
Central to the development of this theme is clearly defining what is meant by "tropical
seascape," from a quantifiable. architecturally meaningful standpoint. Staff recommends
coordinating the development of a tropical seascape theme with several groups which represent
various interests on Clearwater Beach. including the Clearwater Beach Association. Resort Motel
Owners Association, and the West Area Council of the Chamber of Commerce.
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Another way to address the issue is through a regulatory approach. This approach
establishes quantifiable design guidelines as specific development requirements; these guidelines
would be mandatory, just as parking and setback requirements are mandatory. Since design
guidelines are somewhat subjective, it would be necessary to establish a design review board to
review and approve each development proposal.
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The Task Force proposed an incentive approach to implementing the tropical seascape
design theme., Such an approach was implemented in the North Greenwood Commercial District,
where a point system was devised that rewarded compliance with some aspects of the design
guidelines with parking waivers. However, under the North Greenwood system, general
compliance with the design guidelines is required prior to the issuance of any building or sign
permit. Since the development of these guidelines for North Greenwood, no development has
occurred; consequently, staff is unable to gauge the effectiveness of the Incentive aspects of the
program.
Possible incentives for complying with the guidelines are: 1} Allowing the parking reduction
"bonust! only for complying properties. This incentive would require code changes which would
eliminate the 50% parking reduction on Clearwater Beach except for properties which meet the
design guideline requirements. 2) Allowing complying properties to I1count" existing public
parking as part of their required parking in a manner similar to that used in the Downtown Urban
Center zoning district. (NOTE: Staff feels this will exacerbate the parking problem on Clearwater
Beach.) 3) Providing increased floor area ratios for complying properties, Floor area ratios could
be increased from the current 1.05 to 1.5, for example, in the Beach Commercial district if the
design guidelines were m~t. This will require local approval of an "Activity Center" designation
for Clearwater Beach that will have to be ultimately adopted by the Pinellas Planning Council and
the Countywide Planning Authority (the County Commission) in order to allow development
intensity in excess of that provided for in the Countywide Plan. 4) Allowing increased height for
complying properties, For example, properties that comply with the design guidelines might be
permitted a 10 to 20 foot height "bonus."
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Staff finds the parking reduction tlbonus" incentive to be the only one likely to effectively
promote compliance with the design guidelines. Floor area ratios and height restrictions are, for
the most part, sufficiently generous to not impede development that does not meet the required
design. Density bonuses are probably not feasible due to State requirements for maintaining
existing density in coastal high hazard areas.
Staff feels that market forces on Clearwater Beach would allow the application of a
regulatory approach. Without a significant cutback in existing development rights, such as
deletion of the parking Itbonus" or a stringent reduction in allowable floor area ratios, an incentive
approach stands little chance of successful implementation.
The regulatory concept will need to evolve from the definition of the tropical seascape
theme. Once a clear definition of Ittropical seascape II has been developed by the designated
groups and approved by the City Commission, staff will initiate requests for proposals from
various firms to: a) develop specific design guidelines to implement the architectural elements of
the tropical seascape theme; and b) insure that local guidance is provided in the development of
these architectural requirements.
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In response to questions, it was stated building renovations would have to be equal to at
least 50% of the property's value for eligibility of incentives. It was also suggested compliance
with the guidelines would be voluntary when renovating, but mandatory for new construction.
Discussion ensued regarding what incentives would be the most attractive to the
property/business owners. Suggestions were made to consider low interest loans and/or grants
and signs as incentives.
Consensus was to come up with a general theme and get input from Beach organizations
regarding what they would like as incentives for complying with a theme.
ITEM - Sian Variance Fees Refund
The City Commission requested that staff review the potential impact of. refunding sign
variance fees for propertios who have requested variance approvals for modifications to existing
signage or to allow existing signage to remain. The time period for refunds was to be analyzed
from the point at which the substantially higher variance fees went into offect to the present
(August 2, 1990-September, 1992).
Preliminary review indicates that 51 sign variance requests have occurred during this
period, with 32 of these requests involving existing signage. Refunding the variance fees
associated with these sign variance requests in excess of the current $ 50 fee would result in an
approximate loss of $14,400 in revenue.
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In response to a question, it was stated application fees paid previously for variances
ranged from $450-475 plus $50 for each additional variance required,
A concern was expressed that the door would open to other requests for refunds.
Concern was also expressed that those who cooperated with the City by applying for a variance
prior to the end of the amortization period paid a higher fee than those who are waiting until the
last moment.
Consensus was to refund only those variances processed for existing signs.
OTHER CITY ATTORNEY ITEMS
Reoart of claims review committee re: Brannon v, City
This claim arises from a one car accident on Bay Esplanade. The accident happened on
November 29, 1991, at 2:38 a.m. James Brannon was a passenger in a car driven by
Christopher Diegtel. Dlegtel was going east on Bay Esplanade and failed to follow Bay Esplanade
as it makes a 900 turn northward, and drove off the public boat ramp and into Clearwater Bay.
Diegte) died at the scene. Brannon was pulled from the car and lived approximately ten months
before he died. Brannon's estate claim is for medical expenses, economic damages, loss of
earnings, loss of net accumulations, survivor's pain and suffering, etc.
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Consensus was to not settle and to pursue the case,
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,Assistant City, Attorney Richard Hull stated a settlement proposal of $25,000 was
received; the City's maximum risk in pursuing the case is $200,000. The driver of the vehicle
had a blood alcohol level of .225 and the passenger was .125, with the legal limit being .1.
, Attorney Hull stated there were no signs in place at the time of the first accident. A
companion case occurred six months later after signs were in place. The driver of that vehicle
also had an elevated blood alcohol level. Even with the signs, the risk is still there. In response
to a question, the Assistant City Attorney stated there has been no discovery yet.
A concern was expressed if the City were to settle, it could set a precedent encouraging
others to sue presuming the City is in error.
CITY MANAGER VERBAL REPORTS
Legislative Proaram
, Elizabeth Deptula, Assistant City Manager, reviewed some key issues. She is working
with other municipalities regarding annexation of enclaves. The solid waste flow control and
billboard issues are being monitored. The Florida League of Cities is not in agreement regarding
flow control. Ms. Deptula stated Clearwater was initially one of the few entities concerned; some
don't understand the issue.
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She stated legislation regarding Trip and Fall issue may be brought forward. A question
was raised regarding a requirement that curbs be painted to distinguish them from sidewalks.
The highest priority to be addressed by the Legislature is the issue of voter control taxes.
It was stated each county needs to find ways to bring in tax revenues.
Concerns were expressed regarding tax exemptions for historic properties and ad valorem
taxes on government property leaseholds.
Commission Involvement in land Neaotiations
The City Manager stated there are two negotiations in process, the Brown property and
an easement on Stevenson's Creek. He requested two Commission volunteers to assist in the
negotiating process, with the expectation it would give more clout to the City. At the same time,
it would give the Commissioners an idea of how lengthy the process is and that team effort from
several different city departments is involved.
A concern was expressed this would violate the Sunshine Law. Consensus was that
Commissioners not be involved in the negotiations.
Concern was expressed regarding the need for discussion of lawsuits to be open to the
public, citing a loss of rights of confidentiality regarding lawsuits. Consensus was to include in
the Legislative Program a request for amendments to the Sunshine law reg::uding land purchase
and lawsuit discussions.
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Regarding conditions beyond the control of the user, Chief Klein stated each case is
handled individually. In two years, of 168 citations challenged, ten went before the City
Manager. Eight of those ten were upheld as false alarms and two were overturned. Alarms
should not go off due to a power surge or weather conditions. If this occurs, the alarm company
is forced to upgrade the equipment.
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The Assistant City Manager recommended a Legislative reception be held in honor of the
newly elected representatives. Consensus was to coordinate with the other districts.
COMMISSION DISCUSSION ITEMS
Security Alarm Ordinance (WSO)
The following concerns were raised regarding the false alarm ordinance: 1) the length of
time an alarm sounds and the reset feature, which may not be available on older systems 2) the
need for annual permit renewals since there is no cost for the permit, 3) weather conditions which
cause alarm are out of control of owner, 4) power surges out of control of user, 5) accessibility
to buildings by Police Officers in order to confirm the secure condition of the building, and 6)
time lapse between the time of alarm and arrival of the police officer, which could allow for a
change in the surrounding conditions.
Chief Klein stated since the alarm ordinance was enacted in October, 1990, the number
of alarms to which the Police Department had to respond decreased eight percent, while the
number of calls for service increased by 10 percent. Each response to an alarm call takes an
average of 15 minutes and requires two officers. The number of warnings issued has increased,
while citations have decreased. '
Regarding the length of an alarm and the reset feature, Captain Kaminskas explained the
process, stating warnings usually end up with the alarm company upgrading the systems.
{.i~:fl Chief Klein stated the annual renewal as provided for in the code has been put on hold.
(?,I;~~t' There are over 4,000 alarms and the permit renewal process would be very costly. A proposed
amendment to the code to remove the renewal requirement is being submitted.
Assistant City Attorney Rob Surette stated an amendment is being proposed that if it is
determined an alarm is caused by a power surge, a letter from the alarm company, after an
inspection which causes the wires andlor control panels to be replaced, will be accepted in lieu
of a fine, A certified letter stating the system has been updated will also be accepted.
Regarding concern #5, Chief Klein stated the owner is contacted and requested to
respond; if there is no response, this limits access to the building for further investigation. The
Police Officer can only report what he has seen. A suggestion was made the wording of the form
be changed regarding the inability to confirm the security of the building.
With regard to response time, Chief Klein stated the Police Officer responds according to
priority of a call. Again, it was suggested the wording on the alarm report be changed to better
reflect the circumstances.
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North Greenwood Reouest for Holidav Lights (WSO)
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Commissioner Deegan stated the County's draft report on dredging the pass. compiled
over three years ago. seems to indicate a lot of good could be done to Clearwater Bay including
improving the water quality. He believes the possibility of getting support from the Corps of
Engineers is greater than thought. He spoke with Mr. Walther of Coastal Tech, who is in the
business of inlet management planning, and thought it might be worthwhile for City staff to speak
with him. He feels there is at least a 75% chance of getting the dredging permit. He requested
Mr. Walther be given an opportunity to further investigate, stating there is still a lot of support
for the dredging, including the Harbormaster and Marine Advisory Board.
Discussion ensued regarding the County's involvement, with a concern expressed that City
taxpayers should not have to pay the cost of dredging and maintenance of the pass. It was
stated a report from 1989 referred to the depth and width not being sufficient to help the water
Quality and prism .in the whole of Clearwater Bay. It was faIt a naw submittal would have a
batter chance of being approved. Additional concerns were expressed regarding the need to
again obtain County assistance for such an expense.
Commissioner Deegan expressed he would just like to get a second opinion to that of
Camp Dresser and McKee. Inlet management is new, and a plan to protect beaches from erosion
is required by DNR.
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The Greenwood Merchants Association asked that the City Commission consider putting
holiday lights along Greenwood similar to those downtown and on the Causeway. The current
vendor would charge $110 per decoration per pole. There are 19 poles from Palmetto to Marshal
Street for a cost of $2,090 for the season. This cost includes leasing the decorations and put-up
and take-down charges. It does not include any additional electrical work that might be needed.
The vendor has advised that the longer we wait to make a decision, the less fixtures he will have.
A similar request was considered when the Beautification Committee requested
decorations along Countryside Boulevard in the area of Countryside Mall. The policy at that time
was to limit the decorations to the downtown core and the Causeway. Commission consensus
was that the potential for additional expansion was to great.
Consensus was to not change policy.
Assistant City Attornevs - salaries & evaluations (WSO)
The City Attorney stated the process of restructuring the system to remove the assistant
city attorneys from the pay schedules began two years when the City Manager indicated he
prefers not to have to sign off on the salary increases for these positions. They are currently in
range L of the samp plan.
Rob Surette, Assistant City Attorney, handed out statistics of cities of comparable size,
stating most have more assistant city attorney positions. He felt the assistant city attorney
positions should be removed from the samp plan guidelines,
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The City Attorney stated they should all get a pay raise, and they are more valuable every
year. He is able to keep most work in-house due to having a capable staff, and he would like to
keep them from looking elsewhere for B better salary.
Discussion ensued regarding the establishment of a pay range scale for the assistant city
attorneys, and that it should be adjusted every three years. It was suggested a comparison be
made with similar positions of other municipalities to have something to work with to establish
starting and cap salaries. In response, it was stated experience influences the quality of the job.
In addition, the longer a person is in the job, the more they are asked to do. There weren't any
pay ranges until the samp plan was developed.
Discussion ensued and consensus was, since the Commission approves the City
Attorney's budget, to let him determine what raises to give. It was stated there is an
~dministrative policy to not exceed 18 % for anyone employee.
It was requested an agenda item be prepared for Thursday's meeting removing the
assistant city attorneys from the pay ranges, and establish a policy for the City Attorney not to
exceed an 18% pay raise for anyone employee and that increases stay within the budgeted
salaries.
OTHER COMMISSION ACTION
Mavor Garvev questioned whether members for the trial period of the Environmental
Advisory Committee need to be city residents, recommending teachers that run school
environmental committees as good candidates as members.
A question was raised regarding whether Commission appointees to the Budget Advisory
Committee need to be removed when the Commissioner has vacated his/her seat. Also, whether
those members are required to be City residents.
Consensus was to keep the requirement of Clearwater residency to serve on the
committees.
Commissioner Fitzgerald stated the Tampa Bay Regional Planning Authority is setting up
a task force for responding to needs of hurricane victims.
Commissioner Deeoan asked the City Attorney to report whether the Downtown Plan
meets the requirements of the State Statutes regarding the need for a thorough plan.
He questioned when the new traffic plan on the Beach will be in effect.
He requested a status report be given at each work session regarding the new City Hall.
The meeting adjourned at 6: 17 p.m.
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